Midway City Council 2 March 2021 Regular Meeting Resolution 2021-02 / Homestead Master Plan Amendment
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Midway City Council
2 March 2021
Regular Meeting
Resolution 2021-02 /
Homestead Master Plan
Amendment
RESOLUTION
2021-02
A RESOLUTION OF THE MIDWAY CITY COUNCIL
APPROVING A SECOND AMENDMENT TO THE
HOMESTEAD RENOVATION AND EXPANSION MASTER
PLAN DEVELOPMENT AGREEMENT
WHEREAS, the Midway City Council is granted authority under Utah law to make
agreements in the public interest and to further the business of Midway City; and
WHEREAS, the City Council deems it appropriate to adopt a second amendment to the
Homestead Renovation and Expansion Master Plan Development Agreement.
NOW THEREFORE, be it hereby RESOLVED by the City Council of Midway City,
Utah, as follows:
Section 1: The attached Second Amendment to the Renovation and Expansion
Master Plan Development Agreement for the Homestead Resort is hereby approved and adopted.
Section 2: The Mayor is authorized to sign the document on behalf of Midway City.
PASSED AND ADOPTED by the Midway City Council on the day of 2021.
MIDWAY CITY
Celeste Johnson, Mayor
Page 1 of 3ATTEST:
Brad Wilson, Recorder
(SEAL)
Page 2 of 3Exhibit A Page 3 of 3
SECOND AMENDMENT
TO THE
HOMESTEAD RENOVATION AND EXPANSION
MASTER PLAN DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO THE HOMESTEAD RENOVATION AND EXPANSION
MASTER PLAN DEVELOPMENT AGREEMENT (the “Second Amendment”) is entered into effective
as of the ____ day of _______________, 2020 (the “Second Amendment Effective Date”), by and
between THE HOMESTEAD GROUP, LLC, a Utah limited liability company (“Developer”), and CITY
OF MIDWAY, a political subdivision of the State of Utah (“City”).
RECITALS
A. City and Developer, as assignee of Legacy Resorts, LLC, assignee of The Homestead, Inc.,
entered into that certain Homestead Renovation and Expansion Master Plan Development Agreement dated
September 18, 2008, recorded October 3, 2008, as Entry No. 340720, in Book 975, at Pages 2–43 in the
office of the Wasatch County Recorder, as amended by First Amendment to the Homestead Renovation
and Expansion Master Plan Development Agreement dated November 10, 2010, recorded December 6,
2010, as Entry No. 365137, in Book 1026, at Pages 1944–1954 in the office of the Wasatch County
Recorder (collectively, the “Development Agreement”).
B. The Development Agreement affects certain real property located in Wasatch County,
Utah, as more fully described on Exhibit A attached hereto and incorporated herein by reference (the
“Property”).
C. The Development Agreement further concerns a proposed renovation and expansion of the
Homestead Resort located on the Property (the “Project”).
D. Developer has requested that certain provisions of the Development Agreement be
amended.
E. After applicable public hearing, City has agreed to amend the Development Agreement as
set forth herein.
AMENDMENTS
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants herein contained,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
City and Developer agree to amend the Development Agreement as follows:
1. Recitals; Defined Terms. The recitals above are hereby incorporated herein by this
reference as if fully set forth in this paragraph. All capitalized terms used and not otherwise defined herein
shall have the meanings ascribed to them in the Development Agreement.
2. Term. City and Developer agree that City shall have no right to terminate the Agreement
as otherwise provided for in the first sentence of Section 1.2 of the Agreement as long as Developer applies
for a building permit or files any other application for preliminary approval within five (5) years of the
Second Amendment Effective Date.
4837-7415-39263. Conditions to Current Approvals. Section 3.1(b) of the Development Agreement is
amended as follows:
a. The Homestead Mound. Subsection (3)d.iii.c. is amended to add the following at
the end of this subsection: “It is agreed that the top of the Mound may be beautified with plant boxes,
benches, etc., but no permanent structure shall be allowed on the top of the Mound (excepting the existing
bridge and cover over the hole). The Parties acknowledge that the top of the Mound is uneven, and agree
that sand and pavers shall be installed to make the area safe to walk, with the caveat that the pot rock is not
to be damaged or altered in any way during the installation of the pavers.”
b. Water. Section 3.1(b)(4) is amended to add the following after the last sentence in
the paragraph:
If, in the future, Developer and/or its successors and assigns proposes to use M&I water
shares to cover its water requirements under this Agreement, Developer and/or its
successors and assigns shall be required to enter into an agreement acknowledging that
M&I water requires a lease payment on an annual basis that will continue into perpetuity,
and that even though these shares shall be dedicated to the City, the on-going liability of
the lease amounts will be billed to Developer and/or its successors and assigns, who shall
have the obligations to pay the lease payments on the M&I water as they come due.
c. Trails. Section 3.1(b)(5)iii. is replaced in its entirety with the following:
iii. Trails. On or before October 31, 2021, Developer agrees to
construct, at its own expense, an eight (8) foot wide trail and
provide the necessary trail easement along Homestead Drive as
depicted in the Master Site Plan; provided, however, a portion of
said trail will be installed and maintained by the City in
accordance with the “Quitclaim Deed” attached as Exhibit F (see
Exhibit F for the legal description of that portion of the trail to be
installed and maintained by the City). In furtherance of the City’s
Trails Master Plan, Developer also agrees to contribute to the City
Fifty Thousand and No/100 Dollars ($50,000.00) to be used by
the City to construct and install an offsite public trail that will
connect the City’s existing trails located along 200 North and
Homestead Drive. Developer will pay said amount to the City
within sixty (60) days after notice from the City of its intended
start date of construction of this offsite public trail.
d. Resort Operator. The first sentence of Subsection (7) is amended to replace, “The
Homestead” with “Developer” as the current Resort Operator.
e. Building Height. Subsection (8) is amended to include the follow additional
subsection (8)c:
c. Developer shall be allowed to build one building that is 40’ feet tall,
measured from natural grade, within 500’ feet of Homestead Drive. This
building shall be known as the “Wedding Barn” and shall have a setback
of approximately 150’ from the right-of-way line from Homestead Drive.
The City Council and the VAC have reviewed this issue and agree that the
40’ height is acceptable based on the following: the distance from
Homestead Drive, elevation drop from Homestead Drive to the location of
4837-7415-3926the Wedding Barn, and that the location of the Wedding Barn does not
greatly impact views of the Mound from Homestead Drive. Based on the
foregoing, City shall permit construction of the Wedding Barn but shall
also require that the Wedding Barn be taken through preliminary and final
approval.
f. Project Plans. The Projects Plans set forth in Subsection (9) that were originally
attached to and incorporated in the Development Agreement as Exhibits are amended with the following
Exhibits that are attached to this Second Amendment and which replace in their entirety those
corresponding Exhibits of the Development Agreement:
a. Exhibit A – Legal Description of the Property
b. Exhibit B – Resort Master Plans, Consisting of Sheet Numbers:
(0) Vicinity Map
(1) Master Site Plan
(2) Existing Conditions/Sensitive Lands Map
(3) Land Use Plan
(4) Golf Course Cottages
c. Exhibit C – Resort Core Designations
d. Exhibit D – Copy of Kantons Easement
e. Exhibit E – Existing Infrastructure of the Mound
f. Exhibit F – Quitclaim Deed (for portion of trail along Homestead Drive)
g. Exhibit G – Water Rights
h. Exhibit H – Open Space Designation
i. Exhibit I – Operations Plan for Resort (as long as the Resort is owned by one
owner this shall not be required but if multiple owners own the Resort in the
future, Developer shall comply with Section 3.1(b)(7) of the Development
Agreement)
j. Exhibit J – Parking Plan (showing running total required for parking in each
phase, demonstrating parking based on square footage which complies with
the 2006 Code, and a disclosure that applicant understands that should any
additional density be requested in the future (i.e. additional square footage)
additional parking shall be required as well)
Developer and City agree that Developer shall also submit the following Project Plans with each phase: (1)
a Lighting Plan, demonstrating dark sky compliance, with fixtures that accomplish a full cut off of sky
glare; and (2) a construction mitigation plan.
g. Access. The following provision shall be added to Section 3.1 as a new subsection
(13):
(13) Access: Each phase of the Project must meet the access requirements. The
Project has four points of access that will be built to City standards, two from
Homestead Drive, one from The Kantons (existing) and one from The Links
(existing). The access from The Links is governed by that certain Declaration of
Grant and Easement dated December 29, 2005, and recorded on January 11, 2006,
as Entry No. 295086, in Book 821, at Pages 117–128, as amended that certain
Amendment to Declaration and Grant of Easement dated July 23, 2007, and
recorded July 27, 2007, as Entry No. 323813, in Book 946, at Pages 526–533,
which documents provide legal access for five (5) lots through the streets and roads
in The Links subdivision. The proposed master plan has five (5) single family
homes accessing through The Links subdivision. There is another access to Pine
4837-7415-3926Canyon Road that will be a maintenance road. There is also an emergency access
that is in the southwest area of the proposed plan that exits onto Homestead Drive.
This access may also be used to connect to the Homestead Trail for guests of the
resort. One proposed change from the 2008 plan is to move the south entrance from
Homestead Drive farther to the south by 300’. The 2008 plan shows the entrance
aligning with Bigler Lane, but the new entrance would create a new intersection.
Developer feels that this change will create a better entry to the Resort and will
help save trees on the Property.
h. Traffic Study. The following provision shall be added to Section 3.1 as a new
subsection (14):
(14) Traffic Study: Developer shall submit a traffic study as part of its
application for preliminary approval. The traffic study shall take into account the
maximum number of rooms, and the maximum amount of square footage allowed
under this Development Agreement, and not just the traffic created by the present
proposal.
i. Public Participation Meeting. The following provision shall be added to Section
3.1 as a new subsection (15):
(15) Public Participation Meeting: Developer held a public participation
meeting in May 2020, as required by the ordinance for master plan applications.
This requirement was to give Developer an opportunity to present the development
to the surrounding residents of the proposed development, which has been
complied with.
j. Southern Parking Lot: The following provision shall be added to Section 3.1 as a
new subsection (17):
(17) Light Mitigation: The Parties recognize the potential for headlights from
the southern parking lot in the Resort to shine into the homes at The Links.
Developer agrees, through preliminary and final approval, to mitigate this potential
impact through a combination of a berm, landscaping, and a non-sight obtrusive
fence that is agreeable to the City. All costs of mitigation shall be borne by the
Developer.
4. Obligations of the City. Section 3.2 of the Development Agreement is amended to add
the following four additional subsections:
(d) Building Permits – Renovations of Existing Buildings. As renovations of existing
buildings that do not change the size of the existing facility or the nature of use of the
existing facility, the City approves Developer applying for building permits for the
following improvements within the Project without the need to submit any additional
preliminary and/or final plat documents:
(1) Guest room renovations.
(2) Main lobby and current meeting room building improvements
(e) Building Permits – Alteration of Use or Expansion of Existing Facilities. The
parties recognize that the following alterations expand the size of the facility or alter the
nature of the use of the facility, and as such, will need to be analyzed at the time each
4837-7415-3926building permit is pulled to address issues regarding water, parking, and architectural
review. The parties agree that these issues will be addressed in the building permit
process, and that the Developer will not be required to submit any additional preliminary
and/or final plat documents to obtain the issuance of a building permit for the
renovations/alterations below, but will be required to submit documentation acceptable to
the City Planner and City Engineer regarding water, parking, and architectural review:
(1) Golf course clubhouse and cart barn improvements.
(2) Indoor and outdoor swimming pools and activities center improvements
and/or replacements.
(3) Indoor and outdoor swimming pools and activities center improvements
and/or replacements.
(4) Poolside grill.
(5) Relocation of existing back-of-house operations to current cart barn.
(6) Conversion of current golf maintenance building to a spa building.
(7) Conversion of the Milk House building into an ice cream shop
The Parties agree that any building permits that involve/require altering the existing
parking lots or existing roads within the Resort Core to what is shown on the Master Plan
will require site plan approval from the City Planner and City Engineer before the
alterations may proceed.
(f) Parking: The Parties acknowledge that there has been an agreement to reduce
required parking from approximately 900 stalls to 428 stalls. The Parties agree that if, at
any time, the reduced number of stalls creates parking problems either within the Resort
Core or to surrounding areas, the City, through the City Planner and City Engineer can
require additional parking to be installed within the Resort Core. The Parties agree that
should the Developer disagree with the requirements of City Staff, it can appeal Staff’s
decision to the City Council.
(g) Addition of New Buildings or Expansion of Existing Facilities not included in
subparagraph (d) and (e). Developer has the right to build up to 367,750 square feet of
building footprint, which may involve expanding the footprint of existing buildings or
proposing additional buildings within the Resort Core. Any square footage proposed above
that currently shown in the approved Master Plan will be addressed through preliminary
and final approval of each phase of the Development and will not require amendment to
the Master Plan. The Parties agree that required parking beyond that currently shown in
the Master Plan may be considered and required during preliminary and final approval of
the additional square footage in order to meet parking needs created by the expanded use.
Request for additional square footage shall require recalculation of water needs, parking,
demonstration of conformity with existing zoning code and set-backs, and be subject to
architectural review.
5. Notices. Section 11 of the Development Agreement is amended to replace the notice
information for each party with the following:
If to City: If to Developer:
Midway City The Homestead Group, LLC
Attn: Director, Planning Department Attn: Scott Jones
P.O. Box 277 2696 N. University Ave., Ste. 210
Midway, UT 84049 Provo, UT 84604
4837-7415-3926With copy to: With copy to:
Gordon Law Group, P.C. Kirton McConkie, P.C.
c/o Corbin Gordon Attn: Bryce K. Dalton
Midway City Attorneys 50 East South Temple, Suite 400
345 West 600 South, Suite 108 Salt Lake City, UT 84111
Heber City, UT 84032
6. Confirmation. Except as amended and revised by this Second Amendment, all terms and
conditions in the Development Agreement remain unchanged and in full force and effect. In the event of
any conflict between the terms of this Second Amendment and the Development Agreement, this Second
Amendment shall control. This Second Amendment may be executed in counterparts, each of which shall
constitute an original, but all of which together shall constitute one and the same agreement.
IN WITNESS WHEREOF, City and Developer have executed this Second Amendment as of the
Second Amendment Effective Date.
[Signatures and Acknowledgments Follow]
4837-7415-3926DEVELOPER:
THE HOMESTEAD GROUP, LLC,
a Utah limited liability company
By:
Name: Scott Jones
Its: Manager
STATE OF UTAH )
ss
COUNTY OF )
On this ______ day of ________________, 2020, before me personally appeared Scott Jones,
personally known to me or whose identity was proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to this document, and who acknowledged that he signed the foregoing
document, as the Manager of THE HOMESTEAD GROUP, LLC, a Utah limited liability company.
Notary Public
4837-7415-3926CITY:
CITY OF MIDWAY,
a political subdivision of the State of Utah
By:
Name: Celeste Johnson
Its: Mayor
ATTEST:
By:
Brad Wilson, City Recorder
STATE OF UTAH )
ss
COUNTY OF WASATCH )
On this ______ day of ________________, 2020, before me personally appeared Celeste Johnson
and Brad Wilson, personally known to me or whose identities were proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to this document, and who acknowledged that they
signed the foregoing document as Mayor and City Recorder, respectively, of CITY OF MIDWAY, a
political subdivision of the State of Utah.
Notary Public
4837-7415-3926[ATTACH EXHIBITS]
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